Mr. Coxe to Mr. Olney.

No. 9.]

Sir: I have the honor to confirm my cable sent you on last Tuesday, the 13th instant, at 9.30 a.m., as follows:

Honduras ministry of foreign affairs has been abolished and all business referred to Diet at San Salvador under the treaty forwarded to the Department of State July 30, 1895. I have received official notification ratification of treaty. Would like instructions.

On last Friday, the 9th instant, after the mail to the United States had closed, I received a letter signed “E. Mendoza,” and addressed to me as “United States minister to Honduras” (copy and translation are herewith, marked 1), inclosing a paper stated to be a copy of a so-called treaty of union between the Republics of Honduras, Salvador, and Nicaragua (copy and translation herewith, marked 2). Mr. Pringle informs me that a copy of this treaty, when negotiated by the plenipotentiaries but still unratified, was sent to the Department in Mr. Pringle’s No. 199, of July 30, 1895, hence my reference to this date in my cable for the purpose of identifying the treaty I referred to.

* * * * * * *

For reasons above and below stated I desired to have advices from our own consul at Tegucigalpa on the fact of the suppression of the ministry of foreign affairs and reference of diplomatic business to San Salvador and accordingly, on being informed of the circumstance on last Friday, I telegraphed Mr. Little for information. Owing to delay in transmission I did not receive his reply till Monday night. It confirmed the information I had, as above set forth. I thereupon, on Tuesday morning, sent the cable hereinabove confirmed. I have as yet no reply.

* * * * * * *

There are two points in the inclosed treaty to whichI take the liberty of calling your particular attention: (1) That by Article I the sovereignty proposed to be exercised is stated to be “temporary;” and (2) that by Article VI this sovereignty is proposed to be exercised not originally, but by delegation.

* * * * * * *

I have, etc.,

Macgrane Coxe.
[Page 390]
[Inclosure 1 in No. 9.—Translation.]

Mr. Mendoza to United States Minister to Honduras.

Sir: I nave the honor to send you herewith a pamphlet copy of the treaty between the Republics of Honduras, Nicaragua, and Salvador, by which they have agreed to form a single political entity for the exercise of their eternal sovereignty, under the name of the Greater Republic of Central America, to be represented by a Diet, composed of three members, chosen each year by the respective legislatures.

Dr. Jacinto Castellanos, Dr. E. Constantino Fiallos, and the undersigned have received (merited) this honor at the hands of the Assemblies of Salvador, Honduras, and Nicaragua, and by common consent the first of these will be the president of the Diet, the undersigned secretary, and Dr. Fiallos deputy secretary.

In having the honor of submitting the foregoing to your excellency’s attention, it gives me pleasure to assure you that the change effected in the political status of the signatory Republics will in no way affect the relations which have individually existed with the nation which your excellency represents with dignity; but, on the contrary, the Diet will omit no means of cementing them day by day.

I embrace, etc.,

E. Mendoza.
[Inclosure 2 in No. 9.]

Treaty of union concluded between the Republics of Salvador, Honduras, and Nicaragua.1

Their Excellencies General Rafael A. Gutiérrez, General J. Santos Zelaya, and Doctor Policarpo Bonilla, Presidents of the Republics of Salvador, Nicaragua, and Honduras, having met for the important purpose of reaching an understanding with a view to devising means for the permanent establishment of the peace of Central America, and accomplishing the project, so greatly to be desired, of the reconstruction of the former body politic, immediately putting into practice all that is deemed to be easy of execution, pending its final accomplishment, have appointed Their Excellencies the Presidents of Salvador and Nicaragua, their respective ministers of foreign relations, to wit, Doctors Jacinto Castellanos and Manuel C. Matus, and His Excellency the President of Honduras, his minister of public works, to wit, Doctor E. Constantino Fiallos, who, after having exchanged their full powers and found them to be in good and due form, have agreed upon the following articles:

Article I.

The Republics of Salvador, Nicaragua, and Honduras shall hereafter form a single political entity, for the exercise of their sovereignty as regards their intercourse with foreign nations, to be known as the Greater Republic of Central America.

This name shall continue in use until the Republics of Guatemala and Costa Rica shall voluntarily accept the present treaty, in which case it shall be called the Republic of Central America.

Article II.

The signatory Governments do not, by the present treaty, renounce their autonomy and independence as regards the direction of their internal affairs, and the constitution and laws of each State shall remain in force so far as they are not inconsistent with the stipulations hereof.

Article III.

For the execution of the provision contained in Article I, there shall be a Diet, composed of one member and one substitute, elected by each of the Congresses of the signatory Republics for a term of three years.

[Page 391]

The resolutions of the Diet shall he adopted by a majority of votes, and for their relations with other Governments they shall annually choose from among themselves one, whose duty it shall be to serve as the medium of communication.

The Diet aforesaid shall have power to adopt such regulations as may be necessary for the discharge of its functions.

Article IV.

The main purpose of the powers conferred upon the Diet shall be to maintain the best harmony with all nations with which the signatory Republics cultivate relations of friendship, and to conclude for that purpose such treaties, conventions, or agreements as may be conducive to that end.

In every treaty of friendship that the Diet may conclude, it shall expressly insert a clause providing that all questions that may arise shall, necessarily and without exception, be settled by means of arbitration.

Article V.

Until there shall be a general assembly, the ratification of treaties shall be one of the duties of the Congress of each of the Republics; and all treaties shall be considered duly ratified if they have been ratified by a majority of the said Congresses.

In like manner, when the Diet shall have to adopt a decision affecting the general interests, it shall proceed in accordance with the opinion of the majority of the said Republics.

Article VI.

All questions now pending, or such as may arise hereafter among the signatory Republics and any other nation, shall be passed upon by the Diet in accordance with the data and instructions that shall be communicated to it by the Governments concerned.

Article VII.

In case it shall not be possible for the Diet to settle a pending question amicably, or to secure the submission thereof to arbitration, it shall report the matter to all the Governments, to the end that, in conformity with the decision of the majority of them, the Diet may accept or declare war, as may be deemed expedient.

Article VIII.

If, unfortunately, any question shall arise among the signatory Governments, the Diet shall resolve itself into a court of arbitration for the purpose of settling the difficulty on the basis of the evidence and arguments that shall be submitted to it by the Governments concerned. If, however, any one of the Governments shall not agree to the decision they shall be bound to appoint, by mutual agreement, an arbitrator who shall pronounce a final decision, on the sole basis of the evidence and arguments submitted, and the decision of the Diet.

In case of their inability to agree as to the designation of an arbitrator, one shall be designated by the Diet, being chosen from among the Presidents of the other American Republics.

Article IX.

Inasmuch as the principal object of this treaty is to maintain peace and the strictest harmony among the contracting Republics, as the most effectual means of realizing the union, their respective Governments pledge themselves in the most formal and solemn manner, to fulfil the stipulations contained in the foregoing article, within the terms agreed upon by the parties, or, in default thereof, within those fixed by the Diet.

Article X.

The power to appoint diplomatic and consular representatives of the Greater Republic of Central America shall be vested in the Diet; and among its functions shall be the reception and acceptance of diplomatic and consular officers accredited to it.

Article XI.

The coat of arms and the flag of the Greater Republic of Central America shall be the same as those of the old Federation.

[Page 392]

Article XII.

The Diet shall sit, by turns, one year in each of the capitals of the contracting Republics, the order of its sessions being decided by lot.

Article XIII.

The salaries of the members of the Diet shall be fixed by their respective Governments, and the common expense shall be divided into equal parts.

Article XIV.

Within three years, or sooner if possible, the Diet shall prepare a draft of a plan for the definitive union of the signatory Republics in such form as shall seem to it most suitable, and shall lay it before a general assembly consisting of twenty members, elected by each of the Congresses of the Republics aforesaid, immediately after the Diet shall have notified the Governments that it has prepared the draft in question.

The assembly shall meet in the place where the Diet shall be sitting, and, at least two-thirds of the members chosen being present, shall proceed to business.

Article XV.

This treaty shall be laid before the Governments of Guatemala and Costa Rica by each of the signatory Republics, which shall urge those Governments to adhere to its stipulations.

Article XVI.

When this treaty shall have been ratified by the Congresses of the signatory Republics, its ratifications shall be exchanged at any of the capitals one month after the final ratification, it being agreed that the expiration of that period does not imply the lapse of the treaty, and the exchange may, consequently, take place at any time.

Article XVII.

When a Congress has ratified the treaty, it shall at once proceed to elect the members of the Diet to whom it is entitled, so that the Diet may enter upon the discharge of its duties three months, at the latest, after the exchange of the ratifications.

[l. s.]
Jacinto Castellanos.

[l. s.]
M. C. Matus.

[l. s.]
E. Constantino Fiallos.

[Here follow the decrees of the Presidents of Salvador, Honduras, and Nicaragua approving the foregoing treaty; also the instrument for the exchange of the ratifications.]

[Inclosure 3 in No. 9.—Telegram.]

Mr. Coxe to Mr. Mendoza.

I have the honor to inform your excellency that my powers do not authorize me, without special instructions from my Government, to enter upon official relations with the authorities of a power near which I am not accredited, and that for that reason, much to my regret, I shall be obliged to abstain for the present from treating of diplomatic affairs with the officers of the Greater Republic of Central America.

With great consideration,

Macgrane Coxe.
[Page 393]
[Inclosure 4 in No. 9.—Telegram.]

Mr. Coxe to Minister for Foreign Affairs.

I hasten to advise the illustrious Government of your Republic that I have just sent the following telegram to His Excellency Don Eugenio Mendoza at San Salvador:

“I have the honor to inform your excellency that my powers do not authorize me, without special instructions from my Government, to enter upon official relations with the authorities of a power near which I am not accredited, and that for that reason, much to my regret, I shall be obliged to abstain for the present from treating of diplomatic affairs with the officers of the Greater Republic of Central America.”

With great consideration,

Macgrane Coxe.
  1. Translation made by Mr. Rodriguez and the Department of State.